Being hit by a drunk driver is a traumatic experience. Understanding the compensation available can help you navigate this difficult time. In Hawaii, victims of drunk driving accidents may receive various forms of compensation, including punitive damages, which courts award under specific circumstances.
Punitive damages in Hawaii
Punitive damages aim to punish the wrongdoer and deter similar behavior in the future. In Hawaii, these damages are only available in cases of gross negligence, which means the driver’s behavior was highly reckless or egregious. For example, if a driver was significantly over the legal alcohol limit and caused a severe accident, punitive damages might be considered.
Hawaiian law requires proving negligence to receive compensation. This involves demonstrating that the driver owed a duty of care, breached that duty and caused damages. The plaintiff must show that the defendant’s actions directly led to their injuries and losses.
How drunk driving accidents differ from other claims
Filing a claim after a crash with a drunk driver is different from other car accident claims. Drunk driving is a criminal offense, and the driver’s intoxication can significantly impact the case. Here’s why it’s different:
- Criminal charges: The drunk driver may face criminal charges, which can influence the civil case.
- Higher damages: Due to the reckless nature of drunk driving, victims may be entitled to higher compensation.
- Punitive damages: As mentioned, punitive damages are more likely in drunk driving cases.
If a plaintiff is a witness in the criminal case, it is essential that the testimony for both cases matches.
Building a case for punitive damages
When involved in a crash with a drunk driver, collecting evidence is crucial. Here’s what you should gather:
- Police report: Always call the police. Their report will document the driver’s intoxication.
- Photographs: Take pictures of the scene, vehicle damage and any visible injuries.
- Witness statements: Collect contact information and statements from witnesses.
- Medical records: Keep detailed records of your injuries and treatments.
- Driver’s information: Exchange information with the other driver, but avoid confrontations.
Recording interactions with the other driver before the police arrive is generally not advisable, as this could escalate tensions. Focus on gathering evidence safely and let the authorities handle the situation.
Filing a lawsuit for damages
Filing a lawsuit for damages, including punitive damages, can be complex. Since there is a two year from the time of the injury statute of limitation, it’s highly recommended to contact an injury attorney as soon as possible. They can build a case and guide you through the process. They can:
- Prove negligence: Establish that the drunk driver’s actions were grossly negligent.
- Gather evidence: Collect and present the necessary evidence to support your claim.
- Negotiate settlements: Handle negotiations with insurance companies and the defendant’s legal team.
- Represent you in court: Advocate for your rights and seek the maximum compensation.
If a drunk driver has hit you in Hawaii, understanding your rights and the compensation available is essential. Punitive damages can be a significant part of your claim, especially in cases of gross negligence. As is always the case with negligent drivers, victims benefit from knowledgeable legal guidance to ensure you receive the compensation you deserve.